Procedures for Exemption of Positions from the State of Colorado Personnel System
INTRODUCTION
Pursuant to Colorado law (C.R.S. § 24-50-135), the President of the University of Colorado (University) has authority to determine which employment positions at the University are exempt from the state personnel system. Through the Administrative Policy Statement on Exemptions from the State Personnel System, the President provides guidance for determining which positions shall be exempted, and designates campus Chancellors to determine such exemptions for their respective campuses. Positions that meet the criteria for exemption from the state personnel system (exempt professional) shall be deemed as such by the Boulder campus Chancellor.
The following Procedures are implemented for the University of Colorado at Boulder campus effective September 26, 2005 and revised December 1, 2008. The Office of Human Resources, Employment Services shall interpret these Procedures.
EXEMPTION CRITERIA
- In order to designate a position as exempt professional, the position must meet the exemption criteria outlined below. Review of positions will be based on actual duties and responsibilities and handled on a position-by-position basis, rather than by job title or series.
- New positions are reviewed at the request of the hiring authority. If a newly created position meets the criteria for exemption from the state personnel system, the position is designated as exempt professional.
- Vacant classified staff positions are reviewed at the request of the hiring authority. If a vacant classified staff position meets the criteria for exemption from the state personnel system, the position is designated as exempt professional.
- Occupied classified staff positions are reviewed at the request of the incumbent, with the support of the hiring authority. The incumbent must agree to waive appeal rights and accept at-will employment by submitting a signed “Employee Agreement to Exempt Occupied Position from the State Personnel System” Form (See Appendix A) to Human Resources at the time of the request. A current position description that has been certified as accurate by the hiring authority must also be submitted. If an occupied classified staff position meets the criteria for exemption from the state personnel system, the position is designated as exempt professional.
- Grant-funded research faculty positions will be evaluated for exemption at the request of the Vice Chancellor for Research/Dean of the Graduate School. Review of grant-funded, occupied classified staff positions shall follow the protocol outlined above for occupied classified staff positions.
- The following positions, with appropriately commensurate duties and responsibilities, shall be exempt from the state personnel system:
- Officers;
- Executive assistants to officers;
- Individuals in grant-funded positions where funding is limited by a known expiration date of the research project or grant, for the duration of their initial appointment;
- Employees in professional positions, including:
- Deans, directors, chairpersons, and professionals in academic and academic support positions;
- Heads of administrative or academic departments or divisions and their principal professional subordinates; and
- Professional employees of the Board of Regents.
- Heads of functions supported primarily by student fees and charges, including heads of residence halls, and their professional staff;
- Heads and professional staff of departments of intercollegiate athletics; and
- Heads of and professional staff involved in research and grant projects.
- To create a new exempt professional position, or to request a re-exemption or update of an existing exempt professional position due to a change in job duties, job title, or change in reporting relationship, the requesting department should, upon approval by the appropriate campus Dean or Hiring Authority’s Supervisor, submit the “Officer/Exempt Professional Position Description-Exemption Request” form to Human Resources.
Upon receipt of an exemption, re-exemption or update request, Human Resources reviews the position description to ensure the criteria for exemption is met and determines the appropriate job title, the position’s overtime eligibility status, background check requirements, and appropriate pay range based on analysis of market salary data. If one or more of the criteria is met, the request is approved; if the position fails to meet the statutory exemption criteria, the request will be denied. Human Resources will notify the department of its decision.
For detailed procedural information, please refer to the HR Process Guide for Officer/Exempt Professionals.
Definition of Professional Work
The terms “Employees in Professional Positions,” “Professionals,” “Professional Subordinates,” “Professional Employees,” and “Professional Staff” all refer to University employees who occupy positions that are exempted or meet the criteria for being exempted from the state personnel system primarily because of their status as “professional positions.”
According to the United States Office of Personnel Management (OPM), “professional work involves exercising discretion, analytical skill, judgment, and personal accountability and responsibility for creating, developing, integrating, applying, and sharing an organized body of knowledge that characteristically is:
- uniquely acquired through an intense education or training regimen at a recognized college or university;
- equivalent to the curriculum requirements for a bachelor’s or higher degree with major study in or pertinent to the specialized field; and
- continuously studied to explore, extend, and use additional discoveries, interpretations, and application and to improve data, materials, equipment, applications, and methods.”
A commonly found definition that is not acceptable is one where professional is meant to infer a certain high standard of “bearing and demeanor” where actions are performed with “tact, diplomacy, and courteousness.” These personal characteristics may be desirable in many types of work but do not particularly distinguish professional level work as defined above and as intended by statute.
REVIEW
Exempted positions are periodically reviewed by Human Resources as position descriptions are changed or updated.
REPORTING
Pursuant to state law, Human Resources shall prepare an annual report listing all positions that have been exempted in accordance with this policy on behalf of the University of Colorado at Boulder campus. This report shall be submitted to the State Personnel Director not later than December 31st of each year.
Appendix A:
Employee Agreement to Exempt Occupied Position for the State Personnel System
Revision Date: December 10, 2008
Approved by: Frank Bruno, Vice Chancellor for Administration